HomeMy WebLinkAboutPR 22919: INTERLOCAL COOOPERATION CONTRACT WITH SPINDLETOP CENTER Cif of
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INTEROFFICE MEMORANDUM
Date: November 4, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Timothy W. Duriso, Chief of Police
RE: PR 22919—Resolution authorizing the City Manager to execute Amendment No. 2 to
the Interlocal Cooperation Contract with Spindletop Center(MHMR)to participate in
the Mental Health Liaison Program.
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute Amendment 2 to the Interlocal Cooperation Contract between Spindletop Center
(MHMR) and the City of Port Arthur to participate in the Mental Health Liaison Program.
Background:
Pursuant to Resolution No. 19-396,the City of Port Arthur entered into an Inter-Local
Cooperative Agreement with Spindletop Center(MHMR)to participate in the Mental Health
Liaison Program. Pursuant to Resolution No. 21-500,the City Council authorized Amendment
1. The program ensures that provisions of community-based mental health and intellectual and
developmental disability services are provided to the city of Port Arthur thru their program.
Whereas on August 31, 2022 that said contract expired, and request has been sent to amend
that said contract.
Budget Impact:
N/A.
Recommendation:
It is recommended that the City Council approve the City Manager to execute Amendment 2 of
the Interlocal Cooperation Contract between Spindletop Center(MHMR) and the City of Port
Arthur to participate in the Mental Health Liaison Program.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 22919
JLH 11/22/2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT 2 TO THE INTERLOCAL COOPERATION
CONTRACT WITH SPINDLETOP CENTER (MHMR) TO
PARTICIPATE IN THE MENTAL HEALTH LIAISON PROGRAM.
WHEREAS, pursuant to Resolution No. 19-396, the City of
Port Arthur entered into an Interlocal Cooperative Agreement
with Spindletop Center (MHMR) to participate in the Mental
Health Liaison Program; and
WHEREAS, on the 26th day of September 2019, the City of
Port Arthur and Spindletop Center entered into an agreement
to fund a Mental Health Liaison position for the Mental Health
Liaison Program; and
WHEREAS, pursuant to Resolution No. 21-500 an amendment
was executed to the original terms of the agreement to begin
on September 1, 2021 until August 31, 2022 . The contract
would automatically renew on September 1 of each year
thereafter, on a year-to-year basis at the same amount in
effect at the time of the initial term until such time as a
modification to the Agreement is executed by both parties
or the Agreement was terminated; and
WHEREAS, edits to the agreement are underlined for
emphasis and are provided in the form attached hereto as
Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct .
Section 2 . That the City Council hereby authorizes the
City Manager to execute Amendment 2 of the Interlocal
Cooperation Contract with Spindletop Center (MHMR) to
participate in the Mental Health Liaison Program.
Section 3 . That a copy of the caption of this resolution
shall be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of December,
A.D. , 2022 , at a Regular Meeting of the City Council of the
City of Port Arthur, Texas, by the following vote : AYES:
P.R. No. 22919
JLH 11/22/2022
Mayor:
Councilmembers :
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
j/Li.L.t7 LIATT.L.0co,
, Val `
Val Tizen
City Attorney
APPROVED FOR ADMINISTRATION:
4)(k-A C/U\_.,\----0
Ronald Burton Kandy Dan el
City Manager Director of Finance
P.R. No. 22919
JLH 11/22/2022
1 r°
Clif•on Williams, CPPB
Purchasing Manger n
/1-
Timothy W ri o 404'
Chief ofpolice
P.R. No. 22919
JLH 11/22/2022
EXHIBIT "A"
AMENDMENT 2 TO
INTERLOCAL COOPERATION CONTRACT
MENTAL HEALTH LIAISON PROGRAM
BETWEEN
THE CITY OF PORT ARTHUR
AND
SPINDLETOP CENTER
WHEREAS, on the 26th day of September 2019, the City of Port Arthur and Spindletop Center
entered into an agreement to fund a Mental Health Liaison position for the Mental Health Liaison
Program. Reference to which is made for any and all purposes and the same is incorporated herein
by reference. The original term was September 26, 2019 to August 31, 2020. The contract
automatically renewed for a 2nd term of September 1, 2020 to August 31, 2021.
Edits to the Agreement are underlined for emphasis. It is mutually understood and agreed by and
between the undersigned partnering parties to amend said executed Interlocal Cooperation Contract
effective September 1, 2021 as follows:
1. I. TERM OF AGREEMENT — The initial term of this Agreement shall be for one (1)
year from September 1, 2022 to August 31, 2023, and shall automatically renew on
September 1 of each year thereafter, on a year-to-year basis at the same amount in effect at
the time of the initial term until such time as a modification to the Agreement is executed
by both parties or this Agreement is terminated. To exercise the option to the extend the
term, Center will notify Contractor.
All other sections of the Contract remain the same.
(Signature page to follow)
Page 1 of 2
EXECUTION
The City Manager of the City of Port Arthur signs this Agreement to evidence his
willingness to abide by all terms and conditions imposed upon the Port Arthur Police Department.
Executed this day of , 20_
SPINDLETOP CENTER CITY OF PORT ARTHUR POLICE DEPT.
B � By:
Ronald Burton
�..... �.......... ........ City Manager
Address: 655 South 8th Street 444 4th Street
Beaumont, TX 77701 Port Arthur, TX 77640
Page 2 of 2
STATE OF TEXAS
CITY OF PORT ARTHUR
INTERLOCAL COOPERATION CONTRACT
This Agreement is made and entered into by and between Spindletop Center, a unit of
local government whose principal office is in Beaumont, Jefferson County, Texas, "Center", and
the City of Port Arthur a political subdivision of the State of Texas, "City". The purpose of this
Agreement Is to fund a Mental Health Liaison position for the Mental Health Liaison Program
and Is authorized pursuant to Chapter 791,Texas Government Code.
Spindletop Center, a community Center and an agency of the State of Texas established
under the provisions of Chapter 534 of the Texas Health & Safety Code Ann. (Vernon 1992), as
amended, is authorized to contract for the services made the subject of this Agreement.
In consideration of the mutual Agreement contained herein,the parties agree as follows:
TERM OF AGREEMENT
The initial term of this Agreement shall begin immediately upon signature and when
funds are available by all parties and shall renew on September 1 of each year thereafter on a
year-to-year basis at the same amount in effect at the time of the initial term until such time as
a modification to the Agreement is executed by both parties or this Agreement is terminated.
II.
SERVICES
Center is designated as a mental health and intellectual and developmental disability local
authority by the Health and Human Services Commission (HHSC) Its mission is to plan,
coordinate, develop policy, develop and allocate resources, supervise, and ensure the provision
of community-based mental health and intellectual and developmental disability services for
residents of Jefferson, Orange. Chambers, and Hardin Counties, Texas. These activities
sometimes involve coordination of activities with the judicial system, Center requests City to
provide a police officer as a Mental Health Liaison to assist in fulfilling the Center's mission from
an office In Port Arthur,Jefferson County, Texas
Responsibilities of the City:
The City, by and through the Port Arthur Police Department, agrees to provide at least
one (1) Mental Health Liaison officer as agreed upon, "Liaison'', for the Mental Health Liaison
Program. The Liaison will hold a license of peace officer certified under Section 1701,404,
Occupations Code assigned specifically to perform duties pursuant to applicable sections of the
Texas Mental Health Code. Both the City and the Center will agree upon the personnel
designated as Liaison.
Page 1 of 16
The liaison's primary responsibilities will include.
• Be available for and assist the Center Continuity of Care team with County Jail and
hospital follow-ups;
• Be available for and assist the Center Mobile Crisis team when they respond to crisis
calls in the community;
• Be available for and assist the Center PATH and CSS teams when they respond to calls
in the community;
• Be available for and assist Center clinical staff when working with aggressive or
difficult clients;
• Provide required number of contacts as designated by the Center;
• Serve as a Liaison between the Center, law enforcement, hospitals, and judicial
entities;
• Collaborate with the Center on any additional training pertinent;and
• Provide trained assistance to Center,law enforcement,hospitals,judicial entities,and
the community as directed by the Center.
In the performance of these duties,the City shall:
• Provide whatever administrative support and assistance within the duties of a police
officer as may be required to fulfill the needs of the parties;
• Provide the mandated in-service training and any additional training required by the
Texas Commission on Law Enforcement (TCOLE);
• Provide the same bask and necessary equipment provided to each officer assigned to
law enforcement duties and set forth in the Articles of Agreement 'Uniforms, safety,
and equipment";
• The Liaison and other City personnel who provide services pursuant to this
Agreement are Employees of the City,and the Police Chief shall maintain supervisory
control and command over such Employees
Responsibilities of the Center:
The Center agrees to fund clinicians for the Mental Health Liaison Program. This staffs
primary responsibilities will include:
• Responding to calls with the Liaison to perform crisis assessments,
• Responding to calls with the Liaison to provide crisis intervention services;
• Responding to calls with the Liaison to provide crisis follow-up services;
• Coordinating referrals with the Liaison to various Center and community crisis
services,
• Coordinating follow-up appointments and providing continuity of care for
individuals seen by the team;
• Serving as a Liaison with the Liaison for law enforcement entities (such as police
departments, local justices of the peace, and county fudges) to the local
community mental health system:
Page 2 of 16
• Providing secure and adequate office space (alternate location) with designated
locking file space to the Uaison to carry out his/her duties and permit access to all
necessary facilities;
• Coordinating and assisting with all activity scheduling and ensure adequate time
is allotted for preparation of any and all required reports;and
• Referring any comments, criticism, suggestions, or recommendations concerning
the Liaison's assignments or performance as soon as possible to the Port Arthur
Police Department Chief of Police or his/her designee.
111.
TERMINATION
This Agreement may be terminated early, with or without cause or for convenience, by
either party giving written notice of its intention to so terminate to the other party thirty (30)
days before the effective date of termination.
This Agreement is contingent upon the availability and receipt of local, state, or federal
funds that Center has allocated to this Agreement, if such funds become unavailable during any
budget period, this Agreement may be immediately terminated or reduced at the discretion of
Center. Center will be responsible for payment of all monies due up through and including the
date of such termination or reduction.
Since Center is responsible for partial funding as required for the Uaison positions, if City
falls to receive such funding for any reason when it is due,Unison will be immediately withdrawn
from this service and agreement. This paragraph is not to be construed as a contract of
employment with Uaison.
IV.
DOCUMENTATION
Uaison shall complete such reports of work-related activities as may be required by
Center The documentation of all reports will be in the manner and on forms prescribed by the
Center
V.
CONFIDENTIALITY
City must maintain the confidentiality of information received during the performance of
this Agreement, including information as required by and in that discloses confidential personal
information or identifies any person served by Center, in accordance with applicable federal and
state laws..
Page 3 of 16
VI.
PAYMENT
For the services provided,the Center agrees to pay the Oty for equipment utilized by one
Mental Health officer to include a vehicle, standard vehicle equipment, annual fuel costs, cell
phone, and laptop computer. The Center will also provide arty specialized training pursuant to
assigned responsibilities.
• When additional funding becomes available to the Center, supplemental
equipment will include a vehicle, standard vehicle equipment, and annual fuel
costs.
The Oty will pay one hundred percent(100%)of the cost for one peace officer to provide
the law enforcement services, including salaries, benefits,deferred liabilities, and any additional
expenses the City may incur in providing the services of the Mental Health officer for the term of
the Agreement.
Center expressly understands and agrees that if payment is not received within thirty(30)
days of the date due,this Agreement may be terminated by City without further notice. Further,
failure to make demand for payment due shall not be a waiver of Center's obligation to make
timely payments.
City, acting through the Central Collections Department, will submit a quarterly billing
statement(invoke)to the Spindietop Center,6SS,S.8"'Street,Beaumont,Texas 77701. Center
will make payment in accordance with the terms of what is commonly called the Texas Prompt
Payment Act.
No payment can be made by Center until this Agreement has been signed and returned
to Center
VII.
BOOKS AND RECORDS
All books, records, and other methods of documentation related to this Agreement are
and will be open to audit by HHSC during normal business hours.
VIII.
CENTER CONTRACT REQUIREMENTS
The Authority is required to insert the provisions of 25 TAC§412 57 in all of its contracts.
Exhibit 'A' is a copy of the provisions. The parties agree that the majority of the provisions do
not apply to City; however, those that are applicable shall apply
Page 4 of 16
An executed Business Associate Agreement (Exhibit '!') must be on fYe, in addition to
this Agreement pursuant to which Center may provide City with access to health information
that is protected by state and/or federal law.
IX.
VENUE
Venue and/or junsdiction for this Agreement shall be in Jefferson County,Texas`
X
NOTICES
AN notices to be given under this Agreement shah be sent by certified mail,return receipt
requested,at the address shown below.
XI.
EXECUTION BY CHIEF Of POUCE
The City Manager of the City of Port Arthur signs this Agreement to evidence his
willingness to abide by aft terms and conditions imposed upon the Port Arthur Police
Deportment
Executed this Lö4ayoi 5t 2019
SPINDLETOP CENTER CITY OF PORT 4 • • DEPT.
ojippp/
BY: Ralik
Holly B red 1 Ronald Burton
Chief Executive Officer Interim City Ma
Address: Address:
655 South$°i Street 444 4M Street
Beaumont TX 77701 Port Arthur TX 77640
I CERTIFY THAT THIS CONTRACT WAS APPROVED BY THE BOARD OF TRUSTEES Of SPINDLETOP
CENTER IN OPEN MEETING ON THE DAY OF , 2019
k
+ye ___
Secretary to the Board OFT
rut
Page Sof16
EXHIBIT "A"
TAC§412.57
Texas Administrative Code
TITLE 25 HEALTH SERVICES
PART 1 DEPARMENT OF STATE HEALTH SERVICES
CHAPTER 412 LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER B CONTRACTS MANAGEMENT FOR LOCAL AUTHORITIES
RULE §412.57 Provisions for Community Service Contracts
Latest version.
(a)The local authority must ensure that all its community services contracts are consistent with the
local authority's performance contract and with the model contracts designed by TDMHMR as
required by the Texas Health and Safety Code, 1534.055(c).
(b)The local authority must include in all of its community services contracts that are funded by
TDMHMR provisions stating:
(1)the contract term;
(2)the community service(s)to be purchased
(3)the identification of all parties;
(4)the total allowable payment or, if the community service is procured through open enrollment or
is on a capitated basis,the rate of payment
(5)the method of payment;
(6)that the contractor must comply with all applicable federal and state laws,rules,and regulations
including:
(A)Title VI of the Civil Rights Act of 1964;
(B)Section 504 of the Rehabilitation Act of 1973;
(C)the Americans with Disabilities Act of 1990(ADA);and
(D)the Age Discrimination in Employment Act of 1967:
Page 6 of 16
(7)that if,as a result of a change to a TDMHMR rule or state or federal law,the contractual
obligations of the contractor are materially changed or a significant financial burden is placed on the
contractor,then the parties may renegotiate in good faith to amend the contract;
(8)that no consumer will be excluded from participation in, denied the benefits of,or unlawfully
discnminated against, in any program or activity funded by the contract on the grounds of race,
color, ethnicity, national origin, religion. sex,age,disability, or political affiliation in accordance with
applicable laws;
(9)that all documents pertinent to the contract including consumer records, will be retained by the
contractor for a period of five years;
(10)that all consumer-identifying information will be maintained by the contractor as confidential in
accordance with applicable law and Chapter 414, Subchapter A of this title(relating to Client-
Identifying Information);
(11)that the contractor, its licensed staff,and other appropnate staff(such as QMHP-CS)will be
credentialed before services are delivered to consumers by such contractor and staff;
(12)a dispute resolution process;
(13)the clearly defined performance expectations which directly relate to the community service's
objectives, including goals, outputs and measurable outcomes, and that the contractor must provide
services in accordance with such expectations:
(14)that any allegation of abuse, neglect, or exploitation of a consumer under the contract will be
reported in accordance with applicable law,TDMHMR rules,and Texas Department of Protective and
Regulatory Services rules;
(15)that AIDS/HIV workplace guidelines, similar to those adopted by TDMHMR and AiDS/HIV
confidentiality guidelines and consistent with state and federal law,will be adopted and
implemented by the contractor,
(16)that the contractor will comply with the relevant TDMHMR rules, certifications,accreditations,
and licenses,that are specified in the contract;
(17)that services will be provided in accordance with consumers'treatment plans;
(18)that pursuant to Texas Health and Safety Code. i534.061, TDMHMR the local authority,and
their designees, including independent financial auditors, shall have,with reasonable notice,
unrestricted access to all facilities, records, data,and other information under the control of the
contractor as necessary to enable the local authority to audit, monitor,and review all financial and
programmatic activities and services associated with the contract;
(19)any sanctions and remedies the local authority may take in response to the contractor's failure
to comply with the contract provisions, and
Page 7 of 16
(20)that the contractor will immediately notify the local authority of any change, or potential change
in its status that could affect its inclusion in the provider network
(c)The local authority must include in all of its community services contracts for residential services
that are funded by TDMHMR provisions stating:
(1)that the contractor shall provide evidence of criminal history record information on the
contractor's applicants, employees, and volunteers, pursuant to the Texas Health and Safety Code,
1533.007 and Chapter 250;the Texas Government Code, 1411.115;and Chapter 414,Subchapter K of
this title(relating to Criminal History Clearances); and
(2)that if an applicant employee,or volunteer of the contractor has a criminal history relevant to his
or her employment as described in Chapter 414, Subchapter K of this title(relating to Criminal
History Clearances), then the contractor will take appropnate action with respect to the applicant,
employee,or volunteer,including terminating or removing the employee or volunteer from direct
contact with consumers served by the contractor.
(d)Community services contracts that require the contractor to assume responsibility for the funds
of a consumer must contain provisions requiring the contractor to have and abide by a written
policy,which is subject to approval by the local authority,for protecting and accounting for such
funds in accordance with generally accepted accounting principles
Source Note: The provisions of this §412 57 adopted to be effective April 22, 2001, 26 TexReg
2845
Page 8 of 16
•
EXHIBIT NB'
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (the "BAA'), is hereby entered into between
Spindletop Center, ("Covered Entity"),and The City of Port Arthur Police Department, ("Business
Assodate").
WHEREAS, Covered Entity and Business Associate have entered into an Agreement to
provide Mental Health Liaison Deputy Services pursuant to which Covered Entity may provide
Business Associate with access to health information that is protected by state and/or federal
law;
WHEREAS, Business Associate and Covered Entity desire that Business Associate obtain
access to such information in accordance with the terms specified herein; and
NOW THEREFORE,in consideration of the mutual promises set forth in this BAA and other
good and valuable consideration, the sufficiency and receipt of which are hereby severally
acknowledged, the parties agree as follows
1. Definitions. Unless otherwise specified in this BAA, all capitalized terms not otherwise
defined shall have the meanings established in Title 45, Parts 160 and 164,of the United
States Code of Federal Regulations, as amended from time to time, and/or in the Health
Information Technology for Economic and Clinical Health ("HiTECW") Act. For purposes
of clarification,the following terms shall have the definitions set forth below:
1.1 "Privacy Rule'shall mean the standards for Privacy of individually Identifiable
Health Information as set forth in 45 C.F.R. Parts 160 and 164,Subparts A and
E.
1.2 "Security Rule' shall mean the standards of security requirements of the
HIPAA regulations at 45. C.F.R. §§302 through 164.31
2. Business Associate Obligations. Business Associate may receive from Covered Entity
health information that is protected under applicable state and/or federal law, including
without limitation, Protected Health information ("PHI"). Business Associate agrees not
to Use or Disclose(or permit the Use or Disclosure of)PHI in a manner that would violate
the requirements of the Privacy Rule or the Security Rule under HIPAA or HITECH, if the
PHI were used or disclosed by Covered Entity in the same manner Business Associate
shall use appropriate safeguards to prevent the Use or Disclosure of PHI other than as
expressly permitted under this BAA. Business Associate agrees to not directly or
indirectly receive payment In exchange for any PHI, unless Covered Entity obtained from
the individual, who is the subject of the PHI, a signed written authorization specifically
stating that the PHI can be exchanged for payment,or otherwise permitted by the limited
exceptions as provided in HITECH §13405(d). Business Associate agrees to mitigate, to
Page 9 of 16
the extent reasonably possible, any harmful effect that is known to Business Associate
from any use or disclosure of PHI by Business Associate that is not authorized by this
Agreement. Business Assodate further agrees to mitigate, to the extent reasonably
possible, any harmful effect that is known to Business Associate from any Security
Incident,or, after a reasonable investigation,would be known to Business Associate.
3. Use of PHI. Business Associate may use PHI as necessary (i)for performing services set
out in the Underlying Agreement,or(ii)for carrying out its legal responsibilities, provided
in each case that such Uses are permitted under federal and state law. Covered Entity
shall retain all rights in the PHI not granted herein
4. Disclosure of PHI. Business Associate may Disclose PHI as necessary (I) to perform
services under the Underlying Agreement, or (II) to carry out its legal responsibilities,
provided that either (a)the Disclosure is Required by Law or (b)the Business Associate
obtains reasonable assurances from the person to whom the information is Disclosed that
the information will be held confidential and further Used and Disclosed only as Required
by Law or for the purpose for which it was Disclosed to the person,and such person agrees
to immediately notify the Business Associate of any instances of which it is aware that
the confidentiality of the information has been breached.
5. Reports. Business Associate agrees to report to Covered Entity:
5.1 Any Use or Disclosure of PHI not authorized by this BAA within five(5)days of
the Business Associate becoming aware of such unauthorized Use or
Disclosure;
5.2 Any Security Incident within five (5)days of the Business Associate becoming
aware of the Security Incident; and,
5.3 Any Breach of Unsecured PHI Discovered by Business Associate,to the extent
Business Associate accesses, maintains, retains, modifies, records, stores,
destroys, or otherwise holds, uses or discloses unsecured PHI, unless delayed
for law enforcement purposes,without delay and in no case later than five(5)
calendar days after discovery of the breach,and shall include the identification
of each Individual whose unsecured PHI has been,or is reasonably believed by
Business Associate to have been, accessed, acquired or disclosed during such
breach. In addition, Business Associate shall provide the Covered Entity with
any other available information that the Covered Entity is required to include
in the notification to the individual under 45 C.F.R. 4164.404(c) or as soon
thereafter as information becomes available,
6. Assents and Subcontractors If Business Associate discloses PHI received from Covered
Entity,or created or received by Business Associate on behalf of Covered Entity, to
agents, including a subcontractor (collectively, "Recipients'), Business Associate shall
require Recipients to agree in writing In accordance with 45 C.F.R. 4164.504E(I)(i)that
Page 10 of 16
the Recipient will appropriately safeguard the information by imposing, at minimum,
the same restrictions and conditions that apply to the Business Associate under this
BAA.
7. Individual Rights to Access and Amendment.
7.1 Access. If Business Associate maintains a Designated Record Set on behalf of
Covered Entity, Business Associate shall permit an Individual to Inspect or
copy PHI contained in that set about the Individual in accordance with the
Privacy Rule set forth in 45 C.F.R. §164.524, as it may be amended from time
to time, unless excepted or a basis for denial exists under 45 C.F R. §164.524,
as determined by the Covered Entity. In the event a Business Assodate uses
or maintains an Electronic Health Record on behalf of Covered Entity,then,as
of the date required by HITECH, an Individual's right of access under 45 C.F.R.
§164.524 shall indude the right to obtain a copy of the PHI in an electronic
format and, if the Individual chooses in a clear, conspicuous and specific
manner,to direct the Business Associate to transmit such copy to any person
designated by the Individual. Business Associate shall respond to any request
from Covered Entity for access by an Individual within five (5) days of such
request unless otherwise agreed to by Covered Entity. The information shall
be provided in the form or format requested, if it is readily producible in such
form or format, or in summary, if the Individual has agreed in advance to
accept the information in summary form. A reasonable cost-based fee may be
charged for copying PHI or providing a summary of PHI in accordance with 45
C.F.R §164.524(c)(4),provided that any such fee relating to a copy or summary
of PHI provided In an electronic form may not be greater than the labor costs
incurred In response to the request for the copy or summary.
7.2 Amendment. Business Associate shall accommodate an Individual's right to
amend PHI or a record about the Individual in a Designated Record Set in
accordance with the Privacy Rule set forth at 45 C.F.R. §164.526, as it may be
amended from time to time, unless excepted or a basis for denial exists under
45 C.F.R. §164.526,as determined by the Covered Entity, Covered Entity shall
determine whether a denial to an amendment request is appropriate or an
exception applies. Business Associate shall notify Covered Entity within five
(5) days of receipt of any request for amendment by an Individual and shall
make any amendment requested by Covered Entity within ten (10) days of
such request Business Associate shall have a process in place for requests for
amendments and for appending such requests to the Designated Record Set.
8. Accounting of Disclosures
8.1 General Accounting Provisions Business Associate shall make available to
Covered Entity in response to a request from an Individual, information
Page 11 of 16
required for an accounting of Disclosures of PHI with respect to the individual,
in accordance with 45 C.F.R. §164.528. as it may be amended from time to
time, unless an exception to such Accounting exists under 45 C.F.R. §164.528.
Such Accounting is limited to Disclosures that were made in the six (6)years
prior to the request and shall not include any Disclosures that were made prior
to the compliance date of the Privacy Rule. Business Associate shall provide
such information necessary to provide an accounting within thirty(30)days of
Covered Entity's request.
8.2 Special Provisions for Disclosures mode through an Electronic Health Record.
As of the date required by HITECH, if Covered Entity uses or maintains an
Electronic Health Record with respect to PHI and if Business Associate makes
Disclosures of PHI for Treatment, Payment or Health Care Operations
purposes to Individuals who request an accounting directly from Business
Associate. Any accounting made pursuant to this Section 8.2 shall be limited
to Disclosures made in the three (3)years prior to the Individual's request for
the accounting. The content of the accounting shall be in accordance with 45
C.F.R. §164.528,as it may be amended from time to time.
8.3 Fees for on Accounting Any accounting provided under Section 8.1 or Section
8.2 must be provided without cost to the Individual or to Covered Entity if it is
the first accounting requested by an Individual within any twelve (12) month
period; however,a reasonable,cost-based fee may be charged for subsequent
accountings if Business Associate informs the Covered Entity and the Covered
Entity informs the Individual in advance of the fee, and the Individual is
afforded an opportunity to withdraw or modify the request.
9. Withdrawal of Consent or Authorization. If the use or disclosure of PHI in this BAA is
based upon an Individual's specific consent or authorization for the use of his/her PHI,
and (i) the Individual revokes such consent or authorization in writing, (iI) the effective
date of such authorization has expired,or(iii)the consent or authorization is found to be
defective in any manner that renders it invalid, Business Associate agrees, If it has notice
of such revocation or invalidity,to cease the Use and Disclosure of any such Individual's
PHI except to the extent it has relied on such Use or Disclosure, or where an exception
under the Privacy Rule expressly applies.
10. Records and Audit. Business Associate shall make available to Covered Entity and to the
Secretary of Health and Human Services("Secretary")or her agents. Its internal practices,
books, and records relating to the Use and Disclosure of PHI received from, or created or
received by, Business Associate on behalf of Covered Entity for the purpose of
determining Covered Entity's compliance with the Privacy Rule and the Security Rule or
any other health oversight agency, In a timely manner designated by Covered Entity or
the Secretary, Except to the extent prohibited by law,Business Associate agrees to notify
Covered Entity immediately upon receipt by Business Associate of any and all requests
served upon Business Associate by or on behalf of any and all government authorities
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relating to PHI received from, or created or received by, Business Associate on behalf of
Covered Entity.
11. Notice of Privacy Practices. Covered Entity shall provide to Business Associate its Notice
of Privacy Practices ('Notice'), including any amendments to the Notice. Business
Associate agrees that it will abide by any limitations set forth in the Notice, as it may be
amended from time to time, of which it has knowledge. An amended Notice shall not
affect permitted Uses and Disclosures on which Business Associate has relied prior to
receipt of such Notice
12.Security. Business Associate will (i) implement Administrative, Physical, and Technical
Safeguards that reasonably and appropriately protects the confidentiality, integrity, and
availability of the Electronic Protected Health Information that it creates, receives,
maintains, or transmits on behalf of Covered Entity as required under the Security Rule;
and (ii) ensure that any agent, including a subcontractor, to whom it provides Electronic
Protected Health Information agrees to implement reasonable and appropriate
safeguards to protect such information as required under the Security Rule. Further, as
of the date required by HITECH, Business Associate shall comply with the standards and
Implementation specifications set forth in 45 C.F.R. §164.308, §164.310, §164.312
§164.316 with respect to such Administrative, Physical, and Technical Safeguards.
13. Term and Termination:
13.1 This BAA shall commence on the effective date of the Agreement and shall
remain in effect until terminated in accordance with the terms of this Section
13, provided, however, that any termination shall not affect the respective
obligations or rights of the parties arising under this BAA prior to the effective
date of termination,all of which shall continue in accordance with their terms.
13.2 Covered Entity shall have the right to terminate this BAA for any reason upon
thirty(30)days' written notice to Business Associate.
13.3 Covered Entity,at its sole discretion. may immediately terminate this BAA and
shall have no further obligations to Business Associate hereunder if any of the
following events shah have occurred and be continuing:
I) Business Associate shall fail to observe or perform any material
covenant or Agreement contained in this BAA for ten (10)days after
written notice thereof has been given to Business Associate by
Covered Entity; or
ii) A violation by Business Associate of any provision of the Privacy Rule,
Security Rule, or other applicable federal or state privacy law.
13.4 Upon the termination of negotiations for a possible business relationship with
Covered Entity, this BAA shall terminate simultaneously without additional
notice
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13.5 Upon termination of this BAA for any reason, Business Associate agrees either
to return to Covered Entity or to destroy all PHI received from Covered Entity
or otherwise created through the performance of the Agreement Services for
Covered Entity that is in the possession of control of Business Associate or its
agents. In the case of information for which It is not feasible to `return or
destroy`, Business Associate shall continue to comply with the covenants in
this BAA with respect to such PHI and shall comply with other applicable state
or federal law, which may require a specific period of retention, redaction, or
other treatment. Termination of this BAA shall be cause for Covered Entity to
terminate the Agreement.
14. Miscellaneous.
14.1 Notice. All notices, requests, demands, and other communications required
or permitted to be given or made under this BAA shall be in writing, shall be
effective upon receipt or attempted delivery,and shall be sent by(i)personal
delivery; (ii) certified or registered United States mail, return receipt
requested; or (iii) overnight delivery service with proof of delivery. Notices
shall be sent to the addresses below:
Business Associate: Covered Entity:
City of Port Arthur Spindletop Center
444 4a`Street 655 S.8'"Street
Port Arthur TX 77640 Beaumont TX 77701
Attention: Ronald Burton Attention: Holly Borel
Interim City Manager Chief Executive Officer
14.2 Waiver No provision of this BAA or any breach thereof shall be deemed
waived unless such waiver is in writing and signed by the party claimed to have
waived such provision or breach. No waiver of a breach shall constitute a
waiver of or excuse any different or subsequent breach.
14.3 Assignment Neither party may assign (whether by operation or law or
otherwise) any of its rights or delegate or subcontract any of its obligations
under this BAA without the prior written consent of the other party.
Notwithstanding the foregoing Covered Entity shall have the right to assign
its rights and obligations hereunder to any entity that is an affiliate or
successor of Covered Entity. without the prior approval of Business Assodate.
14.4 Cornplionce with HITECH;Agreement to Amend MA. The parties agree that it
is their intention (i) to comply with the privacy and security provisions
contained in HITECH and (ii) to incorporate those provisions into this BAA to
the extent required by HITECH. The parties further agree to amend this BAA
to the extent necessary to comply with state and federal laws, including,
Page 14 of 16
without limitation, the Health Insurance Portability and Accountability Act of
1996 ("HIPAA") and HITECH, and any regulations promulgated or other
guidance issued pursuant to HIPAA and HtTECH.
14.5 Entire Assessment. This BAA constitutes the complete agreement between
Business Associate and Covered Entity relating to the matters specified in this
BAA,and supersedes all prior representations or agreements, whether oral or
written, with respect to such matters. In the event of any conflict between
the terms of this BAA and the terms of any such later agreement(s),the term
of this BAA shall control unless the terms of such later agreement(s) comply
with the Privacy Rule and the Security Rule. No oral modification or waiver of
any of the provisions of this BAA shall be binding on either party This BAA is
for the benefit of, and shall be binding upon the parties. their affiliates, and
respective successors and assigns. No third party shall be considered a third
party beneficiary under this BAA,nor shall any third party have any rights as a
result of this BAA.
14.6 Governing Low. This BAA shall be governed by and Interpreted in accordance
with the laws of the State where Covered Entity is located, lurisdictron, and
venue in Jefferson County,Texas
14.7 Counterparts. This BAA may be executed in one or more counterparts, each
of which shall be deemed an original,but all of which together shall constitute
one and the same document. In making proof of this BAA, It shall not be
necessary to produce or account for more than one such counterpart executed
by the party against whom enforcement of this BAA is sought
AGREED AND ACKNOWLEDGED:
BUSINESS ASSOCIATE:
Page 15 of 16
p '
Company Name: City of Port Arth Police Department
BY: '4,1pkier
11)
Name: Ronald Burton
Titk: Interim City Manager
Date: ?/z2LD,119
COVERED ENTITY:
Spindletop Center
By: A_
Name: Holly Borel
Title: Chief Executive Officer
Date: /U //, 4�
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